Terms

Stomp Sessions Terms of Use

Version 1.0

Effective Date: 02/09/2017

Last Updated Date: 03/14/2017

WELCOME TO STOMP SESSIONS! PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.

BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF STOMP, CO. ( “STOMP” OR “WE”) WITH LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE“SERVICES”) BY STOMP OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, OR BY DOWNLOADING OUR MOBILE APPLICATION (“APPLICATION“), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH STOMP, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED WITH US. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES .

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If this Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”

Stomp knows that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us.

PLEASE NOTE THAT This agreement is subject to change by Stomp in its sole discretion at any time. When changes are made, Stomp will make a new copy of this Agreement available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of this Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to this Agreement will be effective immediately for new Users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (as defined below). Stomp may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. Services.

1.1 Our Services . Stomp contracts with athletes to provide instructor services (” Instructors“) to students interested in exploring more, getting better faster and sharing experiences (“Students “). Together, Instructors and Students are referred to herein as ” Users“. We assume no responsibility for any result or consequence related directly or indirectly to any action or inaction that a User takes based on his or her relationship with another User, any offers or advice included on the Services, and any interaction therewith (including any failure of any such third party to take any action).

1.2 Maps . Certain features of the Services require access to and use of your device’s maps features or other third party maps. Although you may decide whether or not to use these features, any use of those features will be subject to the terms and conditions applicable to such maps and application.

1.3 Sharing Information . Our Services are designed for Users to contact and communicate with the Instructor or Student with which they are associated. You acknowledge and agree that when you use the Services to connect with another User, we may share any data or personal information provided by, or obtained from, you, with such User, and we do not and will not control how the User may use such information.

2. Responsibility for Content.

2.1 Types of Content . You acknowledge that all recordings, and other information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (“Content”) accessible through the Stomp Properties is the sole responsibility of the party from whom such Contentoriginated. When we use the phrase ” Stomp Properties,” we mean the Application, the Website, the Services, and the information and content available on any of the foregoing. This means that you, and not Stomp, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Stomp Properties (“Your Content”), and other Users of the Stomp Properties, and not Stomp, are similarly responsible for all Content they Make Available through the Stomp Properties (“User Content”).

2.2 License to Your Content .

(a) You grant Stomp a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works of, derive revenue or other remuneration from, communicate to the public, and other exploit in any way, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You agree that the license granted above includes the right for Stomp to provide, promote, and improve the Services and to make Content submitted to or through the Services available offline or to other companies, organizations or individuals who partner with Stomp for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. You agree that you, not Stomp, are responsible for all of Your Content that you Make Available on or in the Stomp Properties and our use thereof. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content by us in accordance with this Agreement. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. If you want to publish Content of someone other than yourself, you must get permission from the individuals portrayed in the Content before using the content through our Services. The above licenses will continue unless and until you specifically remove the specific elements of Your Content from the Stomp Properties, in which case the licenses will terminate within a commercially reasonable period of time after such deletion. Termination of your account does not terminate the foregoing license.

2.3 No Obligation to Pre-Screen Content . You acknowledge that Stomp has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Stomp reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Stomp pre-screens, refuses or removes any Content, you acknowledge that Stomp will do so for Stomp’s benefit, not yours. Without limiting the foregoing, Stomp shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

2.4 Storage . Unless expressly agreed by Stomp in writing elsewhere, Stomp has no obligation to store any of Your Content that you Make Available on the Stomp Properties. Stomp has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Stomp Properties. You agree that Stomp retains the right to create reasonable limits on Stomp’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Stomp in its sole discretion.

2.5 Display . We reserve the right to commercialize Your Content in any way, including by including advertising in and around Your Content. As we do not control any advertising, you hereby agree and acknowledge to the juxtaposition of any advertising around Your Content. In addition, you acknowledge and agree that you will have no right to any revenue or fees we may obtain or receive in connection with Your Content. We may modify, create derivative works of, or adapt your Content in order to transmit, display or distribute it over computer networks and in various or different media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

2.6 Your Content . In connection with your use of the Stomp Properties, you shall not Make Available any Content that: (a) you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (b) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; (c) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (d) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (g) promotes illegal activities.

3. Application .

3.1 Application License . Subject to your compliance with this Agreement, Stomp grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

3.2 Media Uploads . Certain features of the Services through the Application require access to and use of your mobile device’s contacts or media storage applications (e.g., to use a photo in your image gallery). Although you may decide whether or not to use these features, on Android devices you grant us permission to access this feature as part of the installation process. If you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the Application from your device. Alternatively, on iOS devices, you can grant or revoke your consent at any time and prevent us from continuing to access your media storage applications by changing the settings on your device. You hereby authorize the Application to access such components of your mobile device. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES MEDIA MAY BE SENT FROM YOUR MOBILE DEVICE TO STOMP AND YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you upload will be part of Your Content (as defined below).

3.3 Location-Based Information . When you use our Services on a mobile device, we may also collect location information from the GPS functionality on your device. You hereby authorize us and our Services to take such actions and access such data. You can grant or revoke your consent at any time and prevent us from continuing to access your GPS information by changing the settings on your device. You hereby authorize the Application to access such components of your mobile device.

3.4 App Stores . You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores ( “App Store”). You acknowledge that this Agreement are between you and Stomp and not with the App Store. Stomp, not the App Store, is solely responsible for the Stomp Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Stomp Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Stomp Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.

3.5 Open-Source Software . Certain software code incorporated into or distributed with the Application may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software“). Notwithstanding anything to the contrary in this EULA, the Open Source Software is not licensed under Section 3.1 and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

3.6 Accessing and Download the Application from iTunes . The following applies to any App Store Source Application:

(a) You acknowledge and agree that (i) this Agreement are concluded between you and Stomp only, and not Apple, and (ii) Stomp, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Stomp and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Stomp.

(d) You and Stomp acknowledge that, as between Stomp and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and Stomp acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Stomp and Apple, Stomp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

(f) You and Stomp acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

4. Use of the Services and Stomp Properties.

4.1 Usage . The Stomp Properties are protected by copyright laws throughout the world. Subject to this Agreement, Stomp grants you a limited license to reproduce portions of the Stomp Properties for the sole purpose of using the Services for your personal purposes or professional purposes.

4.2 Updates . You understand that the Stomp Properties are evolving. As a result, Stomp may require you to accept updates to the Stomp Properties that you have installed on your computer or mobile device. You acknowledge and agree that Stomp may update the Stomp Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Stomp Properties.

4.3 Certain Restrictions . The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Stomp Properties or any portion of the Stomp Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Stomp Properties (including images, text, page layout or form) of Stomp; (c) you shall not use any metatags or other “hidden text” using Stomp’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Stomp Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Stomp Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Stomp Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Stomp Properties. Any future release, update or other addition to the Stomp Properties shall be subject to this Agreement. Stomp, its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Stomp Properties terminates the licenses granted by Stomp pursuant to this Agreement.

4.4 Third-Party Materials . As a part of the Stomp Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Stomp to monitor such materials and that you access these materials at your own risk.

5. Registration.

5.1 Registering Your Account . In order to access certain features of the Stomp Properties you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a User who has registered an account with Stomp (“Account”) through which he or she connects to the Services and become a Registered User (each such account, a “Third-Party Account”).

5.2 Registration Data . In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Stomp Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Stomp Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Stomp immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Stomp has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Stomp has the right to suspend or terminate your Account and refuse any and all current or future use of the Stomp Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. Stomp reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Stomp Properties if you have been previously removed by Stomp, or if you have been previously banned from any of the Stomp Properties.

5.3 Necessary Equipment and Software . You must provide all equipment and software necessary to connect to the Stomp Properties, including but not limited to, a mobile device that is suitable to connect with and use the Stomp Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Stomp Properties.

6. Ownership.

6.1 Stomp Properties . You agree that Stomp and its suppliers own all rights, title and interest in the Stomp Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Stomp Properties.

6.2 Trademarks . Stomp and other related graphics, logos, service marks and trade names used on or in connection with the Stomp Properties or in connection with the Services are the trademarks of Stomp and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Stomp Properties are the property of their respective owners.

6.3 Other Content . You agree that you have no right or title in or to any Content that appears on or in the Stomp Properties.

6.4 Your Content . Stomp shall own all Content made available through the Stomp Properties. Notwithstanding the foregoing, Stomp grants to you a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

6.5 Your Account . Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Stomp.

6.6 Feedback . You agree that submission of any ideas, suggestions, documents, and/or proposals to Stomp through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Stomp has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Stomp a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Stomp Properties.

7. User Conduct.

7.1 Unauthorized Use or Access . You agree that you will not, under any circumstances:

(a) Interfere or attempt to interfere with the proper functioning of the Stomp Properties or connect to or use the Stomp Properties in any way not expressly permitted by this Agreement;

(b) Systematically retrieve data or other content from our Stomp Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;

(c) Use, display, mirror or frame the Stomp Properties, or any individual element within the Stomp Properties, Stomp’s name, any Stomp trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Stomp’s express written consent;

(d) Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Stomp Properties or that is in transit from or to the Stomp Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Stomp Properties;

(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Stomp Properties, whether through the use of a network analyzer, packet sniffer or other device;

(f) Make any automated use of the Stomp Properties, or take any action that imposes or may impose (in Stomp’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Stomp Properties;

(g) Bypass any robot exclusion headers or other measures Stomp takes to restrict access to the Stomp Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl the Stomp Properties, or harvest or manipulate data;

(h) Use, facilitate, create, or maintain any unauthorized connection to the Stomp Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Stomp Properties; or (ii) any connection using programs, tools or software not expressly approved by Stomp;

(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Stomp Properties, or to obtain any information from the Stomp Properties;

(j) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Stomp Properties;

(k) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(l) Solicit or attempt to solicit personal information from other Users of the Stomp Properties;

(m) Use the Stomp Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(n) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Stomp Properties to send altered, deceptive or false source-identifying information; or

(o) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

7.2 General . In connection with your use of the Stomp Properties, you shall not:

(a) Harm minors in any way;

(b) Impersonate any person or entity, including, but not limited to, Stomp personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

(d) Register for more than one Account or register for an Account on behalf of an individual other than yourself;

(e) Stalk or otherwise harass any other User of our Stomp Properties; or

(f) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

8. Investigations. Stomp may, but is not obligated to, monitor or review the Stomp Properties and Content at any time. Without limiting the foregoing, Stomp shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates this Agreement or any applicable law. Although Stomp does not generally monitor user activity occurring in connection with the Stomp Properties or Content, if Stomp becomes aware of any possible violations by you of any provision of this Agreement, Stomp reserves the right to investigate such violations, and Stomp may, at its sole discretion, immediately terminate your license to use the Stomp Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you. As a result of any investigation, we may label Your Content in the future as having possibly sensitive content and including a warning message with such Content.

9. Interactions with Other Users.

9.1 User Responsibility . You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that Stomp reserves the right, but has no obligation, to intercede in such disputes. You agree that Stomp will not be responsible for any liability incurred as the result of such interactions.

9.2 Your Content . Stomp is not responsible for and does not control how other Users use Your Content once exported or downloaded from the Stomp Properties. Any such use of Your Content by such other Users (including any modification or derivative works thereof) is not subject to this Agreement. Stomp has no way to review or monitor, and does not approve, endorse or make any representations or warranties with respect to the use of Your Content. You provide Your Content at your own risk.

9.3 Content Provided by Other Users . The Stomp Properties may contain User Content provided by other Users. Stomp is not responsible for and does not control User Content. Stomp has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. We may delete User Content in our discretion.

10. Third-Party Services. The Stomp Properties may contain links to third-party websites ( “Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Stomp Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Stomp. Stomp is not responsible for any Third-Party Websites & Ads. Stomp provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

11. Payments.

11.1 Students. As a Student, you agree to pay all fees for “Stomp Sessions” in which you enroll or other Services charged to your Account. The fees that Stomp charges for using its Services are listed when you book a Stomp Session. We may change our fees from time to time by posting the changes on the Stomp Properties. Students must provide Stomp with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (” Payment Provider“). Your Payment Provider agreement governs your use of the designated credit card. By providing Stomp with your credit card number and associated payment information, you agree that Stomp, and its third party payment processor (currently, Stripe), are each authorized to immediately invoice your Account for all fees and charges due and payable to Stomp hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or credit card used for payment hereunder. Stomp has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, for instance to correct any errors made by Stomp, in each case at Stomp’s sole discretion. You will be liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on Stomp’s income).

11.2 Instructors. If you are an Instructor, instructor compensation becomes payable to Instructor in accordance with your Instructor Agreement. Following Stomp’s receipt of applicable payments, Stomp will (via Stripe) remit to you such instructor compensation agreed to in your Instructor Agreement. In cases of fraud, abuse or violation of this Agreement, Stomp reserves the right to revoke any payments and instruct Stripe to hold and/or reclaim from Stripe all Instructor fees due to Instructor. In addition, Stomp reserves the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment or withdrawals, or if we discover erroneous or duplicate transactions. You agree that we have the right to obtain such reimbursement by instructing Stripe to charge your account offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements or chargebacks is cause for termination of the applicable agreement.

12. Indemnification. You agree to indemnify and hold Stomp, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Stomp Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Stomp Properties or any other User’s Content; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Stomp reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Stomp in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Stomp Properties.

13. Disclaimer of Warranties.

13.1 As Is . YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE STOMP PROPERTIES IS AT YOUR SOLE RISK, AND THE STOMP PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. STOMP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(a) STOMP PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE STOMP PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE STOMP PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) ANY STOMP SESSIONS OR OTHER INTERACTIONS FACILITATED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (4) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE STOMP PROPERTIES OR ANY SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE STOMP PROPERTIES WILL BE CORRECTED.

(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE STOMP PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE STOMP PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. STOMP MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STOMP OR THROUGH THE STOMP PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13.2 From time to time, Stomp may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Stomp’s sole discretion. The provisions of this section apply with full force to such features or tools.

13.3 No Liability for Conduct of Third Parties . YOU ACKNOWLEDGE AND AGREE THAT STOMP PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD STOMP PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

13.4 No Liability for Conduct of Other Users . WE MAKE NO WARRANTIES REGARDING THE STOMP SESSIONS, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY INSTRUCTORS, STUDENTS, OR OTHER USERS AND EACH OF THE FOREGOING ARE PROVIDED THROUGH US “AS IS.” INSTRUCTORS AND STUDENTS PARTICIPATE IN STOMP SESSIONS AT THEIR OWN RISK. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USER AND WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED.YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE STOMP FROM ANY AND ALL CLAIMS, DEMANDS, AND RIGHTS OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, WHICH ARE OR MAY BE BASED ON ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER USERS, INCLUDING STUDENTS AND INSTRUCTORS.

14. Limitation of Liability.

14.1 Disclaimer of Certain Damages . YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL STOMP PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE STOMP PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT STOMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE STOMP PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE STOMP PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE STOMP PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE STOMP PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE STOMP PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

14.2 Cap on Liability . UNDER NO CIRCUMSTANCES WILL STOMP PARTIES BE LIABLE TO YOU FOR MORE THAN TWENTY-FIVE DOLLARS (US $25.00).

14.3 User Content . STOMP PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

14.4 Basis of the Bargain . THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STOMP AND YOU.

14.5 EXCLUSION OF DAMAGES . CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Procedure for Making Claims of Copyright Infringement. It is Stomp’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Stomp by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Stomp Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Stomp Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Stomp’s Copyright Agent for notice of claims of copyright infringement is as follows: Stomp, Co., 10529 Snowberry Rd., Truckee, CA 96161.

16. Term and Termination.

16.1 Term . The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Stomp Properties, unless terminated earlier in accordance with this Agreement.

16.2 Prior Use . Notwithstanding the foregoing, if you used the Stomp Properties prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commenced on the date you first used the Stomp Properties (whichever is earlier) and will remain in full force and effect while you use the Stomp Properties, unless earlier terminated in accordance with this Agreement.

16.3 Termination of Services by Stomp . Stomp has the right to modify, suspend or terminate any Services provided to you at any time without or without reason. You agree that all terminations for cause shall be made in Stomp’s sole discretion.

16.4 Termination of Services by You . If you want to terminate the Services provided by Stomp, you may do so by notifying Stomp at any time. Your notice should be sent, in writing, to Stomp’s address set forth below.

16.5 Effect of Termination . Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that Stomp has no obligation to retain any information, files and Content associated with or inside your Account (or any part thereof), including Your Content following termination, and any termination of Services may involve deletion of Your Content associated therewith from our live databases. Stomp will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

17. Remedies.

17.1 Violations . If Stomp becomes aware of any possible violations by you of this Agreement, Stomp reserves the right to investigate such violations. If, as a result of the investigation, Stomp believes that criminal activity has occurred, Stomp reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Stomp is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Stomp Properties, including Your Content, in Stomp’s possession in connection with your use of the Stomp Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce this Agreement, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Stomp, its Users or the public, and all enforcement or other government officials, as Stomp in its sole discretion believes to be necessary or appropriate.

17.2 Breach . In the event that Stomp determines, in its sole discretion, that you have breached any portion of this Agreement, or have otherwise demonstrated conduct inappropriate for the Stomp Properties, Stomp reserves the right to:

(a) Warn you via e-mail (to any e-mail address you have provided to Stomp) that you have violated this Agreement;

(b) Delete any of Your Content provided by you or your agent(s) to the Stomp Properties;

(c) Discontinue your registration(s) with the any of the Stomp Properties, including any Services or any Stomp community;

(d) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

(e) Pursue any other action which Stomp deems to be appropriate.

17.3 No Subsequent Registration . If your registration(s) with or ability to access the Stomp Properties, or any other Stomp community is discontinued by Stomp due to your violation of any portion of this Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Stomp Properties or any Stomp community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Stomp Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Stomp reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

18. General Provisions.

18.1 Electronic Communications . The communications between you and Stomp use electronic means, whether you visit the Stomp Properties or send Stomp e-mails, or whether Stomp posts notices on the Stomp Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Stomp in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Stomp provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

18.2 Release . You hereby release Stomp Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Stomp Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Stomp Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

18.3 Assignment . The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Stomp’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

18.4 Force Majeure . Stomp shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

18.5 Compliance . If you believe that Stomp has not adhered to this Agreement, please contact Stomp by emailing us at support@stompsessions.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

18.6 Limitations Period . YOU AND STOMP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE STOMP PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18.7 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (Arbitration Agreement) carefully. It is part of your contract with Stomp and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement . All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by Stomp that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Stomp, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.

(b) Notice Requirement and Informal Dispute Resolution . Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Stomp should be sent to: Stomp, Co., 10529 Snowberry Rd., Truckee, CA 96161. After the Notice is received, you and Stomp may attempt to resolve the claim or dispute informally. If you and Stomp do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules . Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (” ADR Provider“) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(d) Additional Rules for Non-appearance Based Arbitration . If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

(e) Authority of Arbitrator . If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Stomp, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Stomp.

(f) Waiver of Jury Trial . THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Stomp in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND STOMP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(g) Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(h) Severability . If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

(i) Right to Waive . Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement.

(j) Survival of Agreement . This Arbitration Agreement will survive the termination of your relationship with Stomp.

(k) Small Claims Court . Notwithstanding the foregoing, either you or Stomp may bring an individual action in small claims court.

(l) Emergency Equitable Relief . Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(m) Courts . In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Nevada County, California, for such purpose.

18.8 Governing Law . The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

18.9 Notice . Where Stomp requires that you provide an e-mail address, you are responsible for providing Stomp with your most current e-mail address. In the event that the last e-mail address you provided to Stomp is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Stomp’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Stomp at the following address: Stomp, Co., 10529 Snowberry Rd., Truckee, CA 96161. Such notice shall be deemed given when received by Stomp by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

18.10 Waiver . Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

18.11 Severability . If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

18.12 Export Control . You may not use, export, import, or transfer the Stomp Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Stomp Properties, and any other applicable laws. In particular, but without limitation, the Stomp Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Stomp Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Stomp Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Stomp are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Stomp products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

18.13 Consumer Complaints . In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

18.14 Entire Agreement . The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.